Arkansas Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Arkansas, with full citations and the original source on every page.
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Do the rules for license plates (Chapter 14, Subchapter 7) also apply to the temporary paper buyer's tags dealers issue to new car buyers, including the 100-foot visibility rule and the no-cover rule?
No. The display requirements for temporary preprinted buyer's tags are independent of license plate rules. Some requirements overlap, others don't. The license plate visibility rule (100 feet) does no…
Who enforces the Arkansas Fire Prevention Code in a fire district when wind turbines are being built, the State Fire Marshal, the city, or the local fire department, and can the city add stricter rules and charge inspection fees?
The State Fire Marshal enforces the AFPC by default. Local jurisdictions can establish a building department with a building official to enforce Volume 2 (buildings and structures), can adopt more str…
Does the Arkansas Attorney General have authority to review and approve an interlocal agreement between a city and a county that only divides funding for district court operations?
No. The AG concluded he lacks authority to review the Pope County / Russellville agreement under either the Interlocal Cooperation Act or the county-interlocal-agreement statute. The Cooperation Act a…
If a public employee's name, salary, hire date, and job title are requested under the Arkansas FOIA, can the agency release them?
Yes. The AG concludes that releasing nonelected public employees' compensation information (name, hire date, base salary, bonus, overtime, gross wages, and position title) is consistent with the FOIA.…
Can an Arkansas city pass an ordinance that limits how much a landlord can charge for rental application fees and background checks?
No. AG Tim Griffin opines that Fayetteville's Ordinance 6800 (capping rental application fees at $20 and background check fees at $40) likely violates A.C.A. § 14-43-608, which broadly prohibits munic…
If the state takes my home through eminent domain and I have to buy a new one, can my Amendment 79 senior property tax cap follow me to the new house at the old assessed value?
No. Amendment 79's senior cap applies to the new home, but it caps the new home at the new home's assessed value as of the purchase date, not at the old home's assessed value. There is no 'carry over'…
Can the Arkansas Attorney General review a school district's decision to release records about a job applicant who is not employed by the district?
No. The AG's review jurisdiction under § 25-19-105(c)(3)(B)(i) is limited to personnel records and employee-evaluation records. Records about a person who is not employed by the public agency are neit…
What can the Arkansas Department of Corrections redact from a current employee's personnel file in response to a FOIA request, and are commendation letters from supervisors public?
The custodian's redactions of phone, address, date of birth, SSN, employee number, marital status, and dependent information are correct. But the custodian missed redactions in some places (some addre…
When a city releases the personnel files of two former police officers, what can it redact and what must come out?
Phone numbers, addresses, dates of birth, social security numbers, employee numbers, marital status, and dependent information are properly redacted as personal contact information or as a clearly unw…
Are the application materials and interview scoresheets for candidates in a public school superintendent search subject to public release?
Mostly. The successful applicant's Candidate Input Forms are personnel records and must be released without redactions. Internal applicants who already work for the district have their Candidate Input…
When can a city release records about a fired police officer, including the termination letter and the internal affairs report on the officer's misconduct?
Most of them can come out. The AG concludes Fayetteville's decision to release the termination letter and the OSP investigative memorandum on the former officer is consistent with the FOIA, because al…
Once I sign up to be an organ donor, can my family override my decision after I die? And can a hospital or organ bank that follows my donor card be sued by my family?
If you signed up as an organ donor, no one else can revoke your gift, before or after your death, unless you provided express contrary indication. Your gift is yours alone to revoke. And anyone who fo…
Did the Arkansas AG approve the revised Fort Smith / Sebastian County interlocal agreement to consolidate 911 dispatch operations after the parties added the missing property-disposal language?
Yes. The AG approved the revised interlocal agreement under A.C.A. § 25-20-104. The only change from the version rejected in Opinion 2024-085 was a single sentence added to Section 8 specifying that, …
Can the Arkansas legislature change a constitutional amendment that voters passed by initiative, or do voters have to approve any change?
AG Tim Griffin reads Amendment 7 literally and says yes: a 2/3 vote in each house can amend an initiated constitutional amendment without going back to the voters. The 1951 Arkansas Supreme Court deci…
Why did the Arkansas AG reject the Fort Smith / Sebastian County interlocal agreement to combine 911 dispatch operations?
The AG rejected the proposed interlocal agreement between Fort Smith and Sebastian County because it failed to specify how property would be disposed of upon partial or complete termination, a require…
If I bought a car from a dealer and have a paper temporary buyer's tag, do I still have to register the vehicle with the state, or does the temp tag let me skip registration?
Yes, you still have to register the vehicle. The AG made clear that registration and license-plate display are two separate requirements. A temporary preprinted buyer's tag only satisfies the license-…
Can a Fayetteville-style Arkansas city use bonds, sales-tax revenue, or rent receipts to build housing for low- and moderate-income residents without violating the constitutional ban on public-private giveaways?
Yes. The AG concluded that Article 12 § 5 of the Arkansas Constitution does not prevent Fayetteville (or any Arkansas city) from using voter-approved bonds, current city sales-tax revenue, or rental i…
Can Arkansas police use automatic license plate readers, electronic tickets, or roadblocks to find uninsured drivers?
Yes, but with conditions. Arkansas allows ALPRs only for narrow statutory purposes (A.C.A. § 12-12-1803), allows electronic tickets, and lets officers stop a vehicle only on probable cause to believe …
Did the Arkansas AG approve Little Rock's interlocal agreement to join the Law Enforcement Information Exchange (LInX)?
No. AG Tim Griffin declined to approve the agreement because it did not specify how to establish and maintain a budget for the joint undertaking, as A.C.A. § 25-20-104(c)(4) requires. Without that app…
Can the Arkansas AG review a FOIA decision to release a job application from someone who was never hired?
No. AG Tim Griffin's review power under A.C.A. § 25-19-105(c)(3)(B)(i) is limited to personnel records and employee-evaluation or job-performance records. Application materials of someone who was neve…
Should a sheriff's office release the disciplinary file and resignation letter of a deputy who resigned in lieu of termination?
Yes, the records should be released. AG Tim Griffin agreed they are employee-evaluation records under FOIA, but found that the four-part release test is met: the deputy's resignation in lieu of termin…
Can the Arkansas Crime Victims Reparations Board pay benefits to a claimant who has a prior felony conviction for criminally injurious conduct?
No. AG Tim Griffin read A.C.A. § 16-90-712(a)(5) and (a)(6) as two separate prohibitions: subsection (a)(5) categorically bars reparations to anyone with a felony conviction involving criminally injur…
Where can an Arkansan stand their ground without retreating before using force in self-defense?
Anywhere you are lawfully present. The 2024 AG opinion explains that the Stand-Your-Ground Act applies wherever a self-defender is legally allowed to be, with one exception: a person committing the fe…
Did the Arkansas AG certify the ballot title for the 'Arkansas Educational Rights Amendment of 2026'?
Yes. After the AG had returned a previous text-less submission (Opinion 2024-076), AG Tim Griffin certified the popular name 'The Arkansas Educational Rights Amendment of 2026' as submitted and substi…
Can a member of an Arkansas nonprofit corporation give a proxy that directs how their vote should be cast on specific issues?
Yes by default. The 2024 AG opinion concluded that A.C.A. § 4-33-724 allows a nonprofit member to appoint a proxy with express limitations on the proxy's voting authority, which is what a 'directed pr…
Can an Arkansas city order a homeowner to connect to the city sewer when their property is more than 300 feet from the line?
No. The 2024 AG opinion concluded a city cannot lawfully require a homeowner to connect to the city sewer when the property is more than 300 feet from a current sewer line. State law (A.C.A. § 14-235-…
Can the Arkansas AG certify a popular name and ballot title for an initiative petition without the sponsor submitting the full text?
No. AG Tim Griffin returned the AR Kids submission for the 'Arkansas Educational Rights Amendment of 2026' because the sponsor did not include the full text of the amendment as A.C.A. § 7-9-107(a)-(b)…
Did the Arkansas AG approve a ballot measure to allow abortion in cases of rape, incest, fatal fetal anomaly, or risk to the mother's life or physical health?
No. The Attorney General rejected the proposed ballot title for the Arkansas Abortion Amendment. The defect was technical but fatal: the definition of 'physical health' described it as the presence of…
Does an Arkansas school district have to declare land 'unused or underutilized' before donating or selling it?
Not necessarily. An Arkansas school district can sell, lease, or donate land that does not meet the statutory definition of 'unused or underutilized.' But if the property does qualify as unused or und…
Do Arkansas private schools have to follow open-records and open-meetings laws if they accept LEARNS Act voucher money?
No. Receiving Education Freedom Account funds under the LEARNS Act is not by itself enough to make a private school subject to the Arkansas Freedom of Information Act. Two things must be true: the sch…
Can the Arkansas State Police release a state trooper's personnel and internal-affairs file in response to a FOIA request?
Mostly yes. Routine personnel records like hire dates, transfer forms, and pay records are releasable with privacy redactions. Disciplinary suspension letters, internal-affairs files, and the underlyi…
Can a public employee block release of her middle name from a personnel record under Arkansas FOIA?
No. Under Arkansas FOIA, the subject of a personnel record cannot block release of her middle name simply because she does not want it shared. The privacy test is objective. The employee's preference …
Did the Arkansas AG approve the popular name and ballot title for a constitutional amendment to make government transparency a citizen's right?
Yes, with revisions. The Attorney General substituted his own clearer language for both the popular name and the ballot title and certified the revised version. The substituted popular name is 'The Ar…
Do voters in Arkansas city-manager cities still have to approve compensation for the board of directors before the board can set its own salaries?
Yes. The two Arkansas statutes can be read in harmony. Section 14-61-110 (1989) requires voter authorization before city directors and mayors can be paid. Section 14-47-114(a) (1991) lets the board se…
How does the Arkansas AG decide whether a school district properly released personnel records under FOIA when the requester challenges the redactions?
The Attorney General cannot review whether a custodian's release was consistent with FOIA when the requester provides no copies of the released records. Without records, the AG can only state the lega…
Does an Arkansas sheriff's office have to keep evidence collected during a felony investigation even if it has no evidentiary value, or can a court order it released early?
Yes, the sheriff has to hold those items for the full statutory period. Section 13-4-409 sets minimum retention periods based on the type of crime: 2 years after final judgment for general felonies (3…
Do part-time police officers in Arkansas cities get the 15-day annual vacation that the statute requires for police department employees?
Yes. Section 14-52-106(a)(1) requires the head of each police department to grant 'each employee' at least 15 working days of annual vacation with full pay. The statute does not say full-time only. Th…
Did the Arkansas AG approve a ballot measure to exempt feminine hygiene products and diapers from state sales and use tax?
Yes, with a substituted ballot title. The AG certified David Couch's popular name 'An Act to Exempt Feminine Hygiene Products and Diapers from Sales and Use Tax' as submitted, and certified a substitu…
Can an Arkansas school district stop a student athlete from playing varsity sports just because the student transferred between schools within the same district?
No. Act 768 of 2023 applies equally to interdistrict and intradistrict transfers. The statute protects students 'who transfer[] to another public school or a nonresident school district.' Reading 'ano…
Can an Arkansas county sue a federally recognized tribe (or a tribal-owned LLC) to enforce a contract if the contract does not include a waiver of tribal sovereign immunity?
Maybe. Indian tribes (and tribal entities that act as 'arms of the tribe,' including some tribally-owned LLCs) enjoy sovereign immunity from suit unless Congress has expressly abrogated immunity or th…
If an organization's salaried employee collects ballot-petition signatures as part of their job, does Arkansas law treat them as a 'paid canvasser' subject to the registration and background-check rules?
Yes. An employee who solicits petition signatures as part of their job duties is paid 'in exchange for' soliciting signatures, even if their salary stays the same regardless. They are a 'paid canvasse…
Can an Arkansas city require local candidates to file an extra campaign-finance report before early voting starts, on top of the state-required reports?
Yes. The proposed Bella Vista ordinance, which requires municipal candidates to file a Campaign Contribution and Expense report at least seven days before early voting begins (in addition to state-req…
Can my former law-enforcement employer release my personnel file, internal-affairs investigation, and discipline records under FOIA over my objection?
Mostly yes. Administrative records like hire date, transfers, payroll forms, and acknowledgments are releasable as personnel records, with standard redactions for SSN, DOB, contact info, and the like.…
Can someone who signed an Arkansas initiative petition take their signature back later?
It depends on timing. Arkansas common law likely allows a signer to withdraw their name and signature before the petition is filed with the Secretary of State (or before the constitutional or statutor…
Can an Arkansas circuit clerk force a title insurance agency to use a third-party online portal (and pay a fee) to access real-property records, instead of obtaining them directly from the courthouse?
No for in-office access, but yes if the agency wants the convenience of an online portal. Section 23-103-417 requires city, county, and state offices to allow title insurance agencies free in-person a…
Was a school district right to withhold teacher personnel files and investigation records under Arkansas FOIA when the suspensions were never appealed to the school board?
The Attorney General could not say. The requester did not provide copies of the records to review. Without them, the AG could only outline the legal framework: personnel records are open unless disclo…
Does the Arkansas DOC Secretary still have authority to issue a certificate of expungement for someone sentenced under the Alternative Service Act, even though the act was repealed in 1993?
Yes. Even though the Alternative Service Act was repealed in 1993, individuals who were sentenced under it remain eligible for expungement under the version in effect when they were sentenced. The DOC…
Can an Arkansas bail bondsman or bail-bond company finance the premium for a defendant's bail bond, or own a piece of a company that does?
Bail bondsmen and bail-bond companies cannot finance premiums themselves, because that would violate prohibitions on giving anything of value to the principal and accepting anything of value beyond th…
Can a current Arkansas city alderman keep drawing a retirement benefit earned as a former mayor while also being paid as alderman?
Yes. Arkansas Code § 21-5-107 only restricts compensation for someone simultaneously holding more than one office. A former mayor who now holds only one office (alderman) can take the alderman pay and…
Can central Arkansas cities, Pulaski County, and area water utilities renew their joint GIS interlocal agreement under Arkansas's Interlocal Cooperation Act?
Yes. The Attorney General approved the Sixth Restatement and Amendment of the Pulaski Area Geographic Information System interlocal agreement, finding that it satisfies the Interlocal Cooperation Act'…
Why did the Arkansas AG reject Craighead and Poinsett counties' renewed interlocal library agreement, and what has to change for it to be approved?
Disapproved. The proposed interlocal agreement for Crowley's Ridge regional library services failed to name an administrator or joint board, omitted the legal status and powers of the regional library…
Under Arkansas FOIA, what can a sheriff's office redact from a deputy's personnel file in response to a public records request?
Personal contact info, SSN, employee number, marital status, and dependent information were properly redacted. Emergency contact information, FMLA change-of-status dates, and beneficiary designations …
Did Act 633 of 2023 apply to the Pine Bluff School District's 2023 return to local control, and what authority does the State Board have over the schedule for replacing appointed school board members with elected ones?
Act 633 of 2023 does not apply to Pine Bluff School District's return to local control because the State Board's actions on the district predate the Act's effective date and the Act is not retroactive…
Does Arkansas's 2023 law shielding medical marijuana patients from automatic concealed-carry denial conflict with federal firearm law, and what does it actually change for applicants?
Act 757 does not conflict with federal law. The Act prevents the State Police from using a person's status as a medical marijuana patient or caregiver as the sole basis for denying a concealed-carry l…
After the Supreme Court's Tyler v. Hennepin decision, does Arkansas's tax-foreclosure surplus law violate the Takings Clause, and what should former owners do to recover surplus proceeds?
Arkansas's general tax sale process is likely constitutional under Tyler because former owners have two years to apply for surplus proceeds. The exception is donation deeds: if the Commissioner of Sta…
Does the Arkansas Constitution require the state alone to pay state district court judges' salaries, or can cities and counties be required to chip in?
The state is not constitutionally required to be the sole payer of state district court judges' salaries. Amendment 80 is silent on funding, and Amendment 94 requires payment from the Constitutional O…
Can a Bentonville School District donate nine acres of land for affordable teacher housing and a community center, and what triggers a charter school's right of first refusal?
A school district can donate real property under A.C.A. § 6-21-108 if the property is not required for present or future needs and the donation serves a beneficial educational purpose. Adjacent undeve…
Does an Arkansas mayor have law-enforcement powers like a sheriff, and can a county sheriff still operate inside a first-class city's limits?
An Arkansas mayor of a city of the first class is a conservator of the peace with authority equal to a sheriff inside city limits to suppress disorder, keep the peace, make arrests with probable cause…
Do Arkansas gift cards have a 2-year minimum expiration, or does federal law require 5 years, and can a club just zero out unused member credit at year-end?
Federal law preempts the Arkansas 2-year minimum expiration. Gift cards covered by the CARD Act must either have no expiration or have an expiration at least five years after issuance, clearly stated.…
After the LEARNS Act repealed the Teacher Fair Dismissal Act, can Little Rock teachers still get a hearing when their contracts are not renewed?
After the LEARNS Act repealed the Teacher Fair Dismissal Act and the Public School Employee Fair Hearing Act, teachers no longer have a statutory right to notice and hearing for nonrenewals (only for …
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Attorney general opinions in Arkansas are written by the Arkansas Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.